09rfq0023.doc

Clearwater National Forest

AG-0276-S-09-0023

Noxious Weed Spraying

June 12, 2009

INFORMATION CALL:

June 29, 2009

FOB DESTINATION

UNRESTRICTED

OROFINO, ID 83544

FORMCHECKBOX

HUBZONE SMALL

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

FORMCHECKBOX

8(A) 13b. RATING

X RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Same as Block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9.

TELEPHONE N0.

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

FORMCHECKBOX

SEE ADDENDUM

LOCHSA AND POWELL RANGER DISTRICTS

CLEARWATER NATIONAL FOREST

TO BE CONSIDERED FOR AWARD, COMPLETE AND RETURN FORM 1449, THE SCHEDULE OF ITEMS, AND A TECHNICAL PROPOSAL.

YOU MAY SUBMIT YOUR QUOTE TO FAX NO. 208-476-8288.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PAGE 3 FOR SCHEDULE OF ITEMS.

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

FORMCHECKBOX

INSPECTED

FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.4/2002) BACK

Continuation of SF1449:

Block 27: The full text of a clause or provision may be accessed electronically at these addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html Schedule of Items - Noxious Weed Spraying

Base Year 2009 With Option to Renew in 2010 and 2011

Measure

Contractors must include all costs of performing the work in the unit prices, including but not limited to, mobilization and chemicals.

B.2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling:

AUTHORIZED ORDERING ACTIVITIES: Task orders may be issued by the following authorized officials shown below.

Terri L. Ott, Contracting Officer

Karen Ruklic, Contracting Officer

NOTE TO QUOTERS: Technical Proposals are required for the evaluation of quotes. You may use the proposal form provided. Attach additional sheets as needed. See FAR 52.212-2, Evaluation – Commercial Items, for evaluation and award information.

Task orders will be issued as work needs are identified and funding becomes available.

DUNS Number: _____________________________________________________________

Taxpayer Identification Number (TIN): _________________________________________

TECHNICAL PROPOSAL

1. Equipment and Work Plan Proposed. Describe your equipment, technique and proposed work plan for timely completion of the work. Address equipment capabilities to perform all work required by this contract, including treatment of roadsides, dispersed sites, and campgrounds.

2. Qualifications and Experience. Describe the qualifications and experience of your firm and proposed workers with noxious weed treatment. Specifically address the following:

· Experience with noxious weed spraying, including roadside spraying and spot applications.

· Experience with associated record keeping, including hard copy data and the use of PDRs.

· Knowledge of targeted weed species and the applicable herbicides to be used.

· Provide the name and pesticide application license number for the applicators who will work on this contract.

3. Past Performance. List all weed spraying and similar contracts awarded to your firm in the past three years. Include details on the size and location of the contracts, the Contractor key personnel involved, and the name and phone number of the Contracting Officer for each. If problems were encountered on any of these contracts, you may identify them and the corrective actions taken to prevent a recurrence.

A. SCOPE OF CONTRACT. This contract requires spot application of listed herbicides for control of specified noxious weeds. The contractor shall furnish all supervision, personnel, personal protection equipment, transportation, equipment, chemicals, operating supplies, and all elements required to perform the work except those listed as Government-furnished property. Application methods shall be spot application using ground based equipment and may include backpacks/ATV’s and/or full sized vehicles.

B. LOCATION AND DESCRIPTION. The work is located on the Lochsa and Powell Ranger Districts of the Clearwater National Forest. Locations of specific treatment areas and maps will be provided with the task orders. See the list of roads and campgrounds/administrative sites proposed for treatment in 2009 in the Attachments.

C. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

Aquatic Buffer Area. An area within 15 feet of standing or running water within which no application of herbicides, other than aquatically approved types, is permitted.

Ground Based. Spray equipment mounted on terrestrial vehicles or carried by animals or people, and equipped with one or more nozzles mounted on booms, spray heads or wands to apply herbicides uniformly and consistently as per label and contractual requirements to targeted weeds within acceptable application areas.

Examples of ground based equipment would include pick-ups or trucks with spray booms with multiple nozzles or solid stream oscillating spray head type equipment with multiple nozzles, ATV’s with spray booms with multiple nozzles, backpack sprayers with spray booms with multiple nozzles or wands with a single nozzle, and/or horse mounted sprayers with spray booms with multiple nozzles or wands with a single nozzle.

Spot Application. The focused application of herbicide sprays to localized or restricted areas that contain populations of targeted weeds as differentiated from overall broadcast or complete coverage application regardless of weed occurrence. If an area exhibits a continuous occurrence of targeted weeds, that area would be considered a spot or multiple adjacent spots requiring treatment to the extent of the infestations or populations.

Areas requiring spot herbicide treatment will vary from small patches to long strips or areas, and from 1 foot up to a maximum of 100 feet slope distance on both sides of specified roads and on occasion some larger vehicle accessible turnouts, flats or landing areas.

Spray Miles: Miles of one side, one pass of a specified road to drive and spray as needed.

GOVERNMENT-FURNISHED PROPERTY

Personal Data Recorders (PDRs) and herbicide application documentation forms will be provided to the Contractor. A sample form is provided in the Attachments. The Government will also provide the watershed boundary information for reporting purposes and the State of Idaho noxious weed booklet that lists 56 species of noxious weeds.

D. TECHNICAL SPECIFICATIONS

(a) GENERAL REQUIREMENTS

1. Where possible, the Contractor shall apply one of the approved herbicides listed in Table 1, prescribed in the task order or agreed to by the COR and at the rates specified on the herbicide label, using spot application technique to all target weeds. For roadside spraying, the spray treatment shall cover noxious weeds that occur from the toe of the fill to the top of the cut, the running surface, turnouts, and existing landings including up to a maximum of 100 feet slope distance from the road centerline on both sides.

2. Required spot herbicide applications shall only be permitted where target weeds or shrubs are present, using only spot applications with ground based application equipment and not within aquatic buffer areas as described in Table 2.

3. Required spot herbicide applications shall comply with respective herbicide labels and applicable Federal and State regulations.

4. The Contractor shall comply with all applicable OSHA, EPA, manufacturer’s directions, Idaho State and Federal requirements for handling herbicides including storage, transportation, application, container disposal and cleanup of spills.

5. The contractor shall maintain, by specified watershed, a daily log of herbicide applications by treatment sites as well as maps of the application areas. The Contractor shall furnish the Government with the PDR for downloading at weekly intervals and with hard copies of completed log forms and treatment site maps at the conclusion of the application project.

(b) CONTRACTOR’S PERSONNEL AND EQUIPMENT REQUIREMENTS

1. The Contractor shall supply all herbicides required by this contract. All herbicide applications shall be performed or directly supervised by an applicator with a current and valid Idaho State Professional Pesticide Applicator’s License with certifications in the appropriate categories. The applicator’s license(s) shall be made available to the Government for review/inspection prior to the start of spray operations.

2. The applicator shall be able to identify the target weed or shrub species in all stages of development as well as distinguish between those weed species and other non-target species. Herbicide application to non-target species when no target weeds or shrubs are present will constitute noncompliance and will subject the Contractor to possible default.

3. Equipment to be used for application will be subject to inspection by the Government prior to performance of the contract. Equipment in poor condition or incapable of performing at acceptable levels shall be replaced upon written direction by the Contracting Officer’s Representative. Failure to comply will constitute noncompliance and will subject the Contractor to possible default. Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

4. The Contractor shall provide ground based equipment for spot application of the herbicides listed in Table 1. The equipment shall be properly calibrated for label required application rates prior to use and equipment and settings shall be maintained for the duration of the contract. A copy of the calibration documentation shall be provided to the Contracting Officer’s Representative prior to initiation of spraying. Equipment shall also be capable of accurately recording the distance traveled while applying herbicide mixes for purposes of recordkeeping.

5. The Contractor shall maintain all nozzles on application equipment in a clean and fully functional condition for the duration of the spray project. Equipment (including fittings and tank lids) used for transportation, storage, or application of herbicide mixes shall be maintained by the Contractor in leak-proof condition.

6. Contractor equipment to be used for application will be subject to inspection by the Government prior to execution of the contract. Equipment in poor condition or incapable of performing at acceptable levels shall be replaced upon written direction by the Contracting Officer’s Representative. Failure to comply will constitute noncompliance and will subject the Contractor to possible default. Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

7. The Contractor shall insure that all equipment including personal clothing moved onto the District and between units is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service will inspect equipment to insure compliance.

8. The contractor shall report immediately all details of any occurrence of herbicide spills, exposure incidents or accidents, and/or worker health complaints, if any occurred, to the Contracting Officer’s Representative.

9. A spill cleanup kit shall be available in all vehicles carrying herbicides.

(c) HERBICIDE SPECIFICATIONS, HANDLING AND APPLICATION REQUIREMENTS

1. Herbicides approved for use within the Project Area are listed in Table 1 below. No other product shall be used without prior consent from the Contracting Officer Representative.

Table 1

Active Ingredient

Example Trade Names

2. All herbicide applications shall comply with the following buffer distances from water, maximum wind speeds during application, applications methods, and herbicides restrictions associated with aquatic habitats listed in Table 2.

Table 2

Without a surfactant

Ground based, truck mounted multiple nozzle, ATV multiple nozzle system, single nozzle with handgun, wand, wicking or wiping Glyphosate products with a surfactant, dicamba, 2,4-D amine, triclopyr-TEA, metsulfuron, and clopyralid, Curtail, Aminopyralid

3. All application rates shall comply with herbicide labels requirements and restrictions.

4. Spot herbicide applications shall only treat the minimum area necessary for the control of noxious weeds or shrubs using only selective spot spraying of target species.

5. In order to facilitate monitoring of herbicide applications, minimize overspray and prevent repeat applications, Hi-light blue dye will be mixed at a minimum concentration, 8 fluid oz. per hundred gallons, and applied with all herbicide sprays applied under this contract.

6. The Surfactant R-900 or similar will not be used. Surfactants shall not be used with Glyphosate/Rodeo for applications within 15 feet of standing or running water. Only non-ionic surfactants shall be used with other herbicides.

7. The contractor will develop a spill contingency plan prior to any herbicide application. This plan will be subject to review and approval by the Contracting Officer’s Representative. Individuals involved in herbicide handling or application will be instructed on the spill contingency plan including spill control, containment, and cleanup procedures. A spill cleanup kit will be available in all vehicles carrying herbicides.

8. The Contractor shall transport spray concentrate containers in a compartment that is isolated from food, clothing, and safety equipment and in a manner that will prevent tipping or spilling of the contents.

9. Equipment used for transportation, storage, or application of herbicides shall be maintained in leak proof condition.

10. The Contractor shall provide equipment with either an anti-back siphon valve or an air break on tank fill connections or openings to prevent contamination of fill site water sources. On-site water is available from Forest Service administrative sites. Other potential sources within the project area shall be approved by the Contracting Officer Representative prior to use. No water shall be used from developed campgrounds. If drafting occurs, the proper State permits will be obtained by the Contractor. Drafting locations will be approved by the Government.

11. No herbicide mixing will be authorized within 100 feet of any live waters. All mixing and loading operations shall be undertaken only in areas where any accidental spill could be contained prior to contamination of a stream or body of water.

12. All empty herbicide containers shall be triple-rinsed and the residue returned to the tank and spot sprayed on target weeds in permitted specified treatment areas. All empty and rinsed herbicide containers shall be slashed, and properly disposed of at an appropriate site as per Idaho State Law.

13. During spot application work, weather conditions shall be monitored by the applicator at spray locations. General weather conditions will be recorded as part of the site treatment records. Herbicide application shall be suspended when any of the following conditions occur:

i. Temperature exceeds 85 F

ii. wind speeds exceed those listed in Table 2

iii. precipitation is occurring or imminent

14. Herbicides shall not be applied within 25 feet of known TES plant locations as flagged or otherwise marked by the COR. Focused hand spraying of targeted species is required from 25 to 50 feet from known TES plant locations. Vehicle-based herbicide applications shall not permitted within 50 feet of known TES plant locations.

(d) NOXIOUS WEED SPECIES

All 56 species of noxious weeds listed in the State of Idaho noxious weed booklet, as well as the Common Tansy (Tanacetum vulgare), will require treatment.

E. CONTRACTOR QUALITY CONTROL

The Contractor is responsible for the quality of work and is expected to conduct their own prompt inspections to ensure the technical specifications are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors’ quality.

F. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Site Inspection. The designated treatment areas will be inspected by the Forest Service. If an area has been documented as weed free at the time of inspection by the Contractor, but subsequent inspection by the Forest Service discovers that weeds were present on the site at the time of the Contractors inspection, the Contractor shall be required to return to the site to reinventory an treat these infestations.

Spraying. The wilting, curling, discoloration or killing of target plants shall be used as a measure of application effectiveness and performance acceptability. At approved application rates, the effect of herbicides on the target plants should be visible within three to five days following application (when applied during the plant’s vigorous growing period). The Forest Service shall allow sufficient time for herbicide effects to show on target plants before conducting inspections for contract performance and compliance. A minimum of ninty-five percent (95%) of the target plants in the inspection area shall display physical signs of effective herbicide treatment in order for the Contractor’s performance to be considered acceptable.

Application of unauthorized herbicides to riparian buffer areas will constitute noncompliance and will subject the contractor to possible default termination.

Application of herbicides to non-target species when no target weeds or specified shrubs are present will constitute noncompliance and will subject the Contractor to possible default termination.

Failure to apply herbicides to specified weeds treatable in accordance with contract requirements and within treatment areas will constitute noncompliance. The Government may require the Contractor to rework missed areas at no additional costs or the right to proceed may be subject to possible default termination.

G. DELIVERIES OR PERFORMANCE REQUIREMENTS

Performance Period.

It is estimated that weed spraying will be required only between April 1 and October 31, with the majority of the work occurring in June and July each year.

Successful herbicide treatment of targeted noxious weed or shrub populations requires application of appropriate herbicides at the proper growth stage of the targeted weeds or shrubs and within a period of dry weather that will facilitate maximum effectiveness of the applied chemical. It is therefore imperative that work be performed when the targeted plants are at the proper growth stage and weather conditions are suitable for application and absorption of the herbicide(s). The Contractor shall maintain progress at a rate that will assure completion within the specified period that will occur during the optimum period of performance outline above. The minimum acceptable rate of progress will be calculated by dividing the total units of work awarded by the specified contract time.

The estimated start date and required completion date will be specified in each Task Order. The amount of contract time allowed for each Task Order will equal a minimum of one calendar day for every 20 acres ordered and 1 calendar day for every 35 spray miles ordered.

Whenever it is determined that the environmental or weather conditions become unsuitable for noxious weed or shrub treatment as per the herbicide label or contract restrictions, the Contractor shall suspend operations.

H. ORDERING PROCEDURE

Task Orders will be placed with the Contractor by the Government. Order(s) may be placed by mail, facsimile, electronic commerce, or orally with written confirmation.

At a minimum each task order will contain a description of work ordered including a listing of treatment areas, roads, and maps, an estimated quantity of work ordered, the estimated start work date, and the estimated contract time for the task order.

i. MEASUREMENT

The approximate area to sprayed will be generally described in the task order listing of road segments and included maps. The actual specific areas to be sprayed will be determined by the presence of specified target noxious weed or shrub species within the specified road segments as well as adjacent limiting riparian buffer areas. The Contractor shall measure the road segments driven and sprayed where needed at the time of treatment. In addition, the Contractor will map the spray locations on the PDR. The spray segments as well as the application data shall be kept separate by the specified watershed boundaries.

J. PAYMENT

Payment will be based on:

Per mile treatment: properly treated spray miles which is defined as miles of one side, one pass of a specified road driven and treated where required. Payment will be based on total road miles.

Per acre treatment: acres recorded in the PDR. Payment will be based on total area.

The Contractor shall tally and report for payment the length of road segments and acres specified for treatment as treatment is occurring.

The Contractor shall submit completed data to the Government on the hard copy herbicide application documentation forms and in the PDR for all treated areas.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2008) Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items:

Add the following clauses:

AGAR 452.236-72

Use of Premises (NOV 1996)

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT USED.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Submit a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued through March 31, 2010, and throughout each of the one-year option periods.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (NOTE: It is so permitted by facsimile, electronic commerce methods, or in hard copy writing.)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 miles or 50 acres, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the maximum contract amount;

(2) Any order for a combination of items in excess of the maximum contract amount; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirement contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after October 30, 2012.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years, ten months.

FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (JUN 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

_X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

_X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.